Posted on 01/06/2012 4:19:29 AM PST by RedRover
Camp Pendleton, Calif. – LtCol. Jeffrey Chessani, battalion commanding officer of the Thundering Third at time of the so-called “Haditha Massacre", will not be testifying at the court-martial of SSgt Frank Wuterich, the military judge said Thursday. Chessani was the highest ranking Marine charged with a crime in connection with the deaths of 24 Iraqi citizens following a roadside ambush in the dusty Iraqi city during November 2005.
“Chessani will not be a witness,” announced military judge LtCol. David Jones.
“We lost that battle,” said chief defense attorney Neal Puckett, himself a former Marine military judge.
Chessani was one of the witnesses the government objected to during pre-trial negotiations to determine who and who would not be called to testify. When asked if the defense was disappointed by the decision, Puckett, a retired lieutenant colonel, said his defense team had tried vigorously to bring Chessani back to Camp Pendleton one last time. Puckett is assisted by his partner Haytham Faraj, a retired Marine major and experienced Haditha defense counsel who achieved a high profile during the often contentious pre-trial Article 32 hearings in 2007. Wuterich’s detailed Marine counsel is Maj. Meredith Nelson.
The government is represented by veteran prosecutors Maj. Nicholas Gannon assisted by LtCol. Sean Sullivan, well known during the early pre-trial investigations for his fiery temper and forceful court room manner.
During the investigation of the November 19, 2005 incident at Haditha, Iraq, Chessani commanded 3rd Battalion, 1st Marines. He was frequently quoted during the reporter’s feeding frenzy that followed the accusations as vehemently saying, “My men are not murderers” when apprised of massacre allegations by a Time magazine reporter. The story Tim McGirk wrote, dubbed the “Haditha Massacre” by the excitable scribes who followed, morphed into a full-blown criminal investigation that changed the way Marines in Iraq fought the war.
Chessani, a career infantry officer with a brilliant combat record, left the Marine Corps with his rank and retirement privileges intact after being exonerated of all criminal charges. Six other defendants, three officers and three enlisted Marines, have also been exonerated by various means. Wuterich is the last Haditha defendant to face charges and the second whose case is being disposed of by general court-martial.
[Note: Chessani spoke out about the case for the first time to Defend Our Marines on July 21, 2010. Read the first in a three-part series here]
Voir dire
The business of the day however was not disposing of the charges. It was voir dire day, the first of two days the lawyers will apparently need to decide who will be seated on the “panel,” the name military courts use to identify the jury.
Eleven senior Marines, five officers and six non-commissioned officers, have been detailed as potential jurors – “panelists” in military parlance – to determine the guilt or innocence of SSgt Frank D. Wuterich. They include a full-bird colonel, two lieutenant colonels, a major, one captain, a master gunnery sergeant, a first sergeant, two master sergeants and two gunnery sergeants. Military law considers them to be Wuterich’s peers, and therefore eligible to judge him.
The gunnery sergeants are the two potential jurors closest in rank to Wuterich, who is entitled to a panel in which one-third of the members are enlisted men. Staff sergeants such as Wuterich hold the pay grade of E-6. Gunnery sergeants, commonly referred to as “gunnys,” are E-7s. Although the pay grade numbers are close, the status and influence of a gunnery sergeant vastly surpasses that of his E-6 subordinates.
Based on the assortment of decoration visible in the assemblage, there are a lot of hardcore fighting men among the Marines who will ultimately decide Wuterich's fate.
According to testimony offered Thursday, the potential panelists were given a questionnaire to complete during the Christmas holiday season by the chief of staff of the 1st Marine Division. After a review of their answers, the potential panelists were notified last week they would be part of the pool of potential jurors now being quizzed in the cramped courtroom at Camp Pendleton. Most of them said they did not know they would be involved in the Haditha matter until they were selected for the panel pool.
Lawyers from both sides of the courtroom spent most of Thursday tediously and repetitively grilling the potential panelists to determine whether they will ultimately decide Wuterich’s fate. First they asked the entire 11-member pool general questions and then cleared the court room and summoned each individual in for a personal interrogation.
The process is similar to a civilian court’s voir dire procedure, with both sides trying to select Marines that seem sympathetic to their side of the infamous case. As simple as it sounds, it is not an easy process, lawyers are quick to admit. Pre-hearing procedures, rules of law, and judges who want to get on with the proceeding dictate what kind of questions will be asked and in what manner they may be phrased.
At the conclusion of the voir dire process, as few as five or as many as all eleven of the potential panelists will be seated, said Marine Corps PAO LtCol Joseph Kloppel. In the meantime the attorneys will try and divine from the answers of the jury pool who they want on the panel.
Common wisdom says enlisted men prefer enlisted panelists and prosecutors prefer officers, who they believe more closely follow the customs and traditions of their caste, Kloppel opined.
“At least that’s what I think,” he explained.
The 31-year old Marine infantryman and former squad leader, is charged with nine counts of Voluntary Manslaughter, two counts of Assault with a Dangerous Weapon, and three counts of Dereliction of Duty for his role in the deaths of 15 Iraqi citizens who were killed after Wuterich’s 12-man squad was ambushed on November 19, 2005 while on a resupply convoy.
LtCol. Jones Thursday morning asked the potential panelists whether they could give “fair consideration” to sentencing Wuterich to a dishonorable discharge and more than 157 years in prison for his role in leading a fireteam of Marines that killed the civilians more than six years ago. All raised their hands in affirmation.
SSgt. Wuterich was present during the day, listening intently and occasionally making notes.
During the proceedings, potential panelists heard a laundry list of familiar names, all players in the six year investigation of the alleged massacre that captured the attention of the world when it was revealed in early 2006. The government is expected to call about 40 prosecution witnesses, including several Marines who were granted testimonial immunity in exchange for their testimony.
LtCol. David Jones told the potential panelists they should expect to be in the tiny, austere courtroom at Camp Pendleton for as long as four weeks.
And the very real, massacre at Fort Hood? Where IS Col. Hassan? Still collecting his paycheck?
And the very real, massacre at Fort Hood? Where IS Col. Hassan? Still collecting his paycheck?
And the very real, massacre at Fort Hood? Where IS Col. Hassan? Still collecting his paycheck?
And the very real, massacre at Fort Hood? Where IS Col. Hassan? Still collecting his paycheck?
Let's not forget 3 other Marines careers were ruined because of a rush to judgment:
Maj. Gen. Richard Huck, Col. Robert Sokoloski, and Col.Stephen Davis.
I wonder if Dinsmore is to testify on behalf of the defense.
his testimony plus the Scan Eagle video should make this a short proceeding.
Semper Fi...
Good piece by Nat and thanks to you both for covering this.
Yes, still charged with the deaths at the “white taxi”. It’s always been difficult to “true up” the numbers. You’ll recall that even though the allegation was that 24 Iraqis were killed, the Marines were individually charged with the deaths of less than that number.
And it’s more confusing now because it’s been decided to use numbers for the alleged victims in court rather than names.
I need to spend some time with the (recently revised) charges and try to make sense of the numbers. Will let you know what I find out.
Maybe so but let’s hope an appeal is moot!
Agreed.
Given the nature of ROEs then in effect, I honestly can’t see how he can be convicted.
Thanks for that reminder about Maj. Gen. Richard Huck, Col. Robert Sokoloski, and Col. Stephen Davis. Good men all.
Yes, Major Dinsmore will testify (last I knew he was a major—maybe he’s made lieutenant colonel by now) and that will be a big deal (except to the media who will ignore the real story, as usual).
Thanks. The charge sheet I found, did indicate the 5 guys from the taxi when I cross-referenced names with those on Wikepedia. I don’t think it was the most current charge sheet, though.
The original charge sheet for all eight Marines (posted here) had nine specifications of Voluntary Manslaughter for SSgt Wuterich.
As you'll see at the link above, the specifications listed eight people by name (from houses 1, 2, and 3) and then the ninth specification gets vague: "willfully and unlawfully kill one or more unknown persons, located near a white car, at or near the intersection of Routes Chestnut and Viper, by shooting them with a loaded M16A4 service rifle."
Dela Cruz testified there were five at the car so that would give a total of 13. But I'll let you know if I get more up-to-date charge sheet or more information.
Thanks, jaz. Since someone has to do it, I’m glad it’s us!
Excellent question, cricket! And I’ve never heard anyone in the media call the real one a massacre.
Powerful and Informative Update by Nat Helms!
Thanks Red for providing the link to the SSgt Wuterich Master Thread.
Excellent Post!
For some reason, the USMC site with the charge sheets keeps giving me an error message. Hey, now that I think about it, that makes sense!
Thanks, smooth! Nat’s staying about five minutes from the camp gates in Oceanside. Said he found a place with that best sushi he’s had since he was in Japan.
Haven’t had any updates today but hope for something soon.
Good for Nat! Looking forward to his daily updates.
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